Article: Why the Congress was wrong and the Court was right - reflections on City of Boerne v. Flores.(Symposium: Reflections on City of Boerne v. Flores)

Despite my occasional alliance with forces hostile to the Religious Freedom Restoration Act (RFRA or the "Act"),(1) City of Boerne v. Flores(2) provoked me to mixed feelings. True enough, I wagered a case of Montana beer on the outcome, and I thoroughly enjoyed my brewed reward.(3) Moreover, I did not leave the decision in Flores entirely to chance and the exertions of others. I happily provided Marci Hamilton, counsel for the City of Boerne, with some suggestions along the way, and she in turn, was generous enough to moot her Supreme Court argument in front of a group of my colleagues and seminar students at George Washington. One's victory, however, is always another's ...

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